Jit Singh vs The State

(1) This is an application for a certificate for fitness for appeal to the Supreme Court under Article 134 of the Constitution of India. Except for the question of the admissibility of the notification issued u/s 62(10)(b) of the Punjab Municipal Act, the other contentions raised essentially relate to questions of fact which, as settled by the Supreme Court, cannot form a good ground for certificate under this article. In so far as the question of the notification is concerned, again it is well settled that the grant of a certificate under Article 134(1)(c) of the Constitution is not a matter of course, but this Court has to exercise its power after considering as to what difficult questions of law or principle are involved which require further consideration by the Supreme Court.

Unless, therefore, there is a substantial question of law or of principle, this Court will not be justified in granting a certificate under this Article. A notification properly issued under the powers conferred on the municipal committee, in law, becomes almost, as if, it is a part of the statute itself, and therefore, generally speaking, it is always competent for a Court to take judicial notice of the provisions contained in such notifications. The interests of justice, therefore, do not require the grant of a certificate on the facts of the present case.

(2) This petition, therefore, fails and is hereby dismissed.

(3) Petition dismissed.